T H E G L O B A L S TAT E O F C I T I Z E N S H I P
2.
Gender equality
Thematic lead: Ashley Mantha-Hollands
Everyone should have equal access to citizenship and be able
to transmit their citizenship to their children irrespective of
their sex, gender, and sexual orientation. While sex-based
discrimination in citizenship law has globally declined over
the past decades, it remains a cause of concern. This can be
direct discrimination in the substance of the law itself, such
as where the transmission of citizenship to children is not
equal between men, women, or same-sex couples; or in laws
that differentiate between men and women in the acquisition and retention of citizenship. Discrimination can also
be indirect, which includes laws, policies, or regulations that
create additional barriers for certain individuals to access or
transmit citizenship but are not explicit in the citizenship
law.
If individuals are not equally able to transmit citizenship to
their children or spouse, this can result in cases where one or
both parents do not share the citizenship of their children,
leading to potentially precarious situations where families
are separated at borders, or, in the most severe cases, leaving
children at risk of statelessness. Citizenship is thus critical for
personal security and the well-being of the family unit. Additionally, citizenship often determines one’s right of entry,
residency, and level of participation in political processes
such as voting or candidacy rights. Inequality in access to citizenship can therefore lead to a lack of meaningful political
representation.
Figure 2.1 charts the extent of direct sex-based discrimination for citizenship acquisition at birth or via marriage. Over
the last century, many countries have reformed their citizenship laws to eliminate direct sex discrimination. However,
our study finds that direct discrimination persists in the
nationality laws of 50 out of 191 countries. Most countries
2.1 SEX DISCRIMINATION IN CITIZENSHIP ACQUISITION AT BIRTH AND BY MARRIAGE, BY WORLD REGION
Share and number of countries with gender discriminator y provision in citizenship law | 191 countries | 2024
54
46
42
191
No. of countries
35
44%
26%
46%
14
0%
Africa
Asia
Europe
11%
7%
Americas
Oceania
Sex discrimination
World
YES
Source: GLOBALCIT Citizenship Law Dataset, v3, modes A01a, A01b, A02, A08
11
NO